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GAMING CONTROL ACT 1993 - SECT 4 Meaning of "associate"

GAMING CONTROL ACT 1993 - SECT 4

Meaning of "associate"

(1)  A person is an associate of an applicant for a casino licence or of the holder of such a licence if the person –
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the casino business of the applicant or licence holder, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that casino business; or
(b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the casino business of the applicant or licence holder.
(2)  A person is an associate of an applicant for a licence (other than a casino licence or a Tasmanian gaming licence), permit or listing on the Roll or of the holder of such a licence or permit or a person so listed if the person–
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gaming operation or monitoring operation business of the applicant, licence holder or person listed, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that gaming operation or monitoring operation business; or
(b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the gaming operation or monitoring operation business of the applicant, licence holder or person listed; or
(c) is a relative of the applicant, licence holder or person listed.
(2A)  A person is an associate of an applicant for a Tasmanian gaming licence or a licensed provider if the person –
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gaming business to be conducted by the applicant or the licensed provider and, by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or
(b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the gaming business to be conducted by the applicant or the licensed provider; or
(c) is a relative of the applicant or licensed provider.
(2B)  A person is not taken to be an associate of a licensed provider by reason only of being offered or given, by that licensed provider, a discount, concession or rebate on any wagering or gaming.
(3)  In this section –
partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 ;
relative means spouse, partner, parent, child or sibling (whether of the full or half blood);
relevant financial interest , in relation to a business, means –
(a) any share in the capital of the business; or
(b) any entitlement to receive any income derived from the business;
relevant position , in relation to a business, means –
(a) the position of director, manager or other executive position or secretary, however that position is designated in that business; or
(b) if that business is conducted in premises in respect of which a liquor licence under the Liquor Licensing Act 1990 is in force, the holder of that liquor licence;
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –
(a) to participate in a directorial, managerial or executive decision; or
(b) to elect or appoint any person to any relevant position.